Amy Bishop wants to appeal her guilty plea in UAH shootings (updated) (al.com) [View all]
By Lee Roop | lroop@al.com The Huntsville Times
on November 05, 2012 at 5:05 PM, updated November 05, 2012 at 9:37 PM
By Lee Roop | lroop@al.com The Huntsville Times
on November 05, 2012 at 5:05 PM, updated November 05, 2012 at 9:37 PM
HUNTSVILLE, Alabama -- Amy Bishop's attorneys filed notice in Huntsville court late today that she wants to appeal her guilty plea of capital murder in the 2010 fatal shootings of three faculty members at the University of Alabama in Huntsville. Bishop entered the plea on Sept. 11 in Madison County Circuit Court.
Bishop's guilty plea came two weeks before her scheduled capital murder trial. The plea agreement meant that she would not face the possibility of the death penalty. As part of the plea agreement, Bishop formally waived her right to appeal.
The document filed in the circuit clerk's office at 4 p.m. Nov. 5 does not list the possible grounds for appealing a plea made by Bishop in open court, but a common argument is ineffective representation by legal counsel. Bishop's notice of appeal was signed by her Huntsville trial attorneys Roy Miller, Barry Abston and Robert Tuten.
The document says Bishop contacted her attorneys Nov. 1 and directed them to file the notice of appeal. "If someone directs you to file, you're required to file," Abston said late Monday. Abston said a client typically obtains new counsel for an appeal because of the potential conflicts and said that he, Tuten and Miller filed a motion in court today to be allowed to withdraw as Bishop's defense team.
Madison County District Attorney Rob Broussard said he doesn't think another trial is likely. "I think her chances of appeal are slim, but if she prevails we will be ready to try her," Broussard said.
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more: http://blog.al.com/breaking/2012/11/amy_bishop_wants_to_appeal_her.html